Terms and Conditions
KMB POLAND
1. General principles
1.1. The Terms and Conditions (hereinafter: "Terms and Conditions" or “T&C”) set out the rules for retail and wholesale via the Internet platform operating at http://e-kmb.com (hereinafter: "Shop").
1.2. The controller of the Shop is KMB Poland sp. z o.o., with its registered office in Gościcino, ul. Południowa 8, 84-241 Wejherowo, entered in the register of entrepreneurs kept by the District Court in Gdańsk, Gdańsk-North, VIII Commercial Division KRS, under KRS number: 0000682192, NIP: 5882429149 (hereinafter: "KMB").
1.3. The KMB is also the data controller of the personal data processed in the Shop in connection with the implementation of the provisions of these Terms and Conditions. Detailed rules concerning the processing of personal data can be found in the Privacy Policy.
1.4. T&C define the terms and conditions for the use of the Shop, as well as the rights and obligations of the KMB and the Shop's Clients.
1.5. T&C are addressed exclusively to entrepreneurs who use the Shop as part of their business activities.
1.6. Before using the Shop, the Client is obliged to get acquainted with these T&C and the Privacy Policy and beginning to use the Shop is equivalent to accepting all their provisions. The T&C are an integral part of the Sales Agreemetn concluded with the Client.
2. Definitions
2.1. In the Rules, the following terms have the meanings given to them below:
2.2. Business day - one day from Monday to Friday excluding public holidays,
2.3. Shop - an online sales service run by the KMB, available to Clients, where the Client has the opportunity to purchase Products. The online shop is available at: https://e-kmb.com,
2.4. Purchase form - a script which is a part of the Shop used to place an order by the Client, allows the Products to be added to an electronic shopping cart and to specify the terms of the Sales Agreement, including the choice of delivery and payment method,
2.5. Products - the product(s) offered to the Client by the KMB through the Shop,
2.6. Client - a natural person over 18 years of age who is capable of entering into binding agreements or a legal person or other legal entity capable of entering into agreements, who has entered into or intends to enter into a sales agreement with the Admin. The Client is not a consumer within the meaning of Article 22(1) of the Civil Code, nor does he or she enter into a agreement with the Admin under the terms of Article 385(5) of the Civil Code.
2.7. Sales Agreement- a agreement for the sale of Products concluded or entered into between the Client and the KMB through the Shop,
2.8. Electronic service - a service provided electronically by the KMB to the Client through the Shop,
2.9. Order - a declaration of will of the Client placed via a Purchase Form and aimed directly at concluding a Sales Agreement for Products with the Admin,
2.10. Registration form - the form filled in by the Client when registering with the Shop,
2.11. Account - means an individual set of resources and rights for each Client, activated in his/her favour by the KMB, after registration in the Shop,
2.12. Password - means a sequence of letter, digital or other characters chosen by the Client when registering with the Shop, used to secure access to the Account.
3. Rules of use of the Shop
3.1. The technical requirements necessary for the operation of the IT system on which the Shop is located are as follows:
a. Internet connection,
b. web browser,
c. having and providing an e-mail address.
3.2. The KMB is not liable to Clients for interruptions in access to the Shop caused by failures in telecommunications links. The above limitation of liability does not apply to consumers.
3.3. Neither Party shall be liable for security breaches caused by the failure of the other Party to secure its network or any access information, including login details and passwords.
3.4. The Client is obliged to use the Shop in a manner consistent with the law and good manners, with due regard for personal rights and the copyrights and intellectual property of third parties. The supply of unlawful content to the Shop is prohibited.
4. Client Account
4.1. The condition for the creation of a Client Account is the proper completion of the Registration Form, including the provision of the Tax Identification Number appropriate for the Client's form of business activity in connection with which the Client intends to conclude agreements for the sale of Products with the KMB.
4.2. Upon receipt of a duly completed Registration Form, the KMB shall create a unique Account for the Client within the Shop for an email address selected by the Client.
4.3. Registration of a Client account is free of charge.
4.4. The Client accesses the Account by means of a unique identifier such as an email address and Password.
4.5. One Account is created for one Client.
4.6. An Account may be deleted by the Client at any time by submitting such Account for deletion via the Shop's "Delete Account" functionality.
4.7. The KMB may, at its sole discretion, close or suspend the Account by sending an appropriate notification to the registered e-mail address if there are reasons to believe that the Client is using the Shop in violation of the T&C or any other use of the Account that is unacceptable to the KMB or if the Client has not demonstrated activity in the Account for more than 4 years.
5. Order
5.1. By placing an Order in the Shop, the Client declares that has read the Terms and Conditions and accepts the provisions contained therein.
5.2. The photos of the Products posted on the Shop are for reference only and may differ in color from the real colors of the Products due to the different configuration of the Clients' computer equipment.
5.3. The condition for placing an Order is that the Products are available from the KMB or the KMB's suppliers.
5.4. Orders can be placed in the Shop 24 hours a day, on all days of the year.
5.5. The content of the Shop's website constitutes an invitation to conclude a agreement within the meaning of Article 71 of the Polish Civil Code, and therefore the mere placing of an Order by the Client does not imply the immediate conclusion of a agreement.
5.6. In order to place an Order in the Shop, the Client logs into an account or, in the case of new Clients, creates an account. In order to set up an account, a valid e-mail address must be provided, a login and password must be defined and then the account creation must be confirmed.
5.7. The Client makes a commitment to the KMB when he accepts the order by clicking the "Pay and place order" button.
5.8. Once the Order has been sent, the Client receives a confirmation of receipt from the KMB, i.e. an e-mail confirming receipt of the Order with the number assigned to it and at least the following information:
a. data of the KMB and the individual items of the Order,
b. the total net price (in the case of Clients from the Republic of Poland, the gross amount may also be given),
c. method and time of payment,
d. the method and time of dispatch/collection of the order.
5.9. Confirmation of receipt of the Order confirms that the KMB or the KMB's supplier has received the Client's Order.
6. Delivery
6.1. The KMB declares that it makes every effort to ensure that the Client's order is processed immediately, counting from the next working day from when the payment is credited to the KMB's bank account.
6.2. The waiting period for delivery depends on the Client's choice of delivery method.
6.3. Delivery of the Products to the Client is chargeable, unless otherwise stated in the Agreement of Sale. The costs of delivery of the Products (which include transport, delivery and postal charges) are indicated to the Client on the Shop's website under Delivery and Payment.
6.4. The KMB shall make available to the Client the methods of delivery or collection of the Products specified in the Delivery and Payment tab.
6.5. The estimated lead time for the Order will be stated in the confirmation of the Order sent to the Client by e-mail.
6.6. The KMB reserves the right to postpone the dispatch date in case of the courier's no-show to pick up the parcels or an oversized number of parcels on a given day. The KMB will inform the Client about this.
6.7. Once the Order has been prepared and payment has been received, the KMB or the KMB's supplier will send a confirmation of the Order to the Client by e-mail and begin shipping the Order to the Client.
6.8. The dispatch of the order confirmation confirms the conclusion of the Agreement of Sale between the parties.
6.9. The KMB reserves the right to confirm acceptance of the Order by contacting the Client by phone or e-mail and verifying the Client's details. The KMB reserves the right to cancel an Order if the Client cannot be contacted.
6.10. The KMB delivers worldwide with the exception of: Cuba, Iran, North Korea, Syria, Russia, the Crimea region and Sevastopol. The KMB reserves the right to refuse delivery of the Products also to countries other than those indicated above at its own discretion, of which it will inform the Client.
6.11. The following rules apply to deliveries outside the Republic of Poland: Incoterms© 2020: EXW.
6.12. The Client and the KMB may agree other delivery terms in a separate Order.
6.13. Unless separately agreed with the Client, the KMB determines the type and method of shipping and packaging of the Products.
6.14. Any costs of insurance of the Products during transport shall be borne by the Client.
6.15. The Client is not entitled to refuse the Products due to minor or insignificant defects.
6.16. To the extent not regulated herein, the Convention on the Agreement for the International Carriage of Products by Road (CMR), drawn up in Geneva on 19 May 1956, the Postal Law Act, the Carriage Law Act universally applicable provisions of law, including those applicable in the country of movement (transit) and delivery of the Products, shall apply accordingly.
7. Price
7.1. All prices of the Products are quoted on the Shop in EURO and are net amounts.
7.2. The price does not include delivery costs or any other charges that the Client is obliged to pay in connection with the purchase of the Products (e.g. customs duties).
7.3. The price shown next to the Products at the time the order is placed by the Client is binding for the parties to the transaction.
7.4. The Client may only pay the Price in the currency expressed on the KMB's website. If the payment platform so provides, the Client may pay the Price in PLN (Polish zloty) according to the currency exchange rate expressed on the KMB's website as at the date of payment.
7.5. If no turnover tax is charged for deliveries to a Client in a Member State of the European Union, the Client shall, at the request of the KMB, promptly provide the relevant documents that are required by the KMB in accordance with the provisions of the law, including but not limited to those relating to turnover tax, in order to provide the relevant tax authorities with a tax exemption certificate for the delivery. This shall apply, inter alia, to documents confirming the introduction of the Products into another Member State of the European Union, the Client's tax identification number or personal tax exemption.
7.6. Until the full price is paid, the Products remain the property of the KMB.
7.7. Proof of purchase for Clients is a VAT invoice.
7.8. Clients agree to receive invoices electronically to the e-mail addresses indicated when the Order is placed.
8. Method of payment
8.1. The Client can choose from the following forms of payment :
a. by bank transfer: payment is made by transfer to the Shop's bank account in EURO with the following number: PL 86 1600 1462 1802 0532 9000 0002 , BIC/SWIFT: PPABPLPKXXX,
b. by payment card: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro,
c. ePrzelew, using the following platforms: Pay with inteligo (inteligo), mTransfer (mBank), Pay with iPKO (PKO BP), Pekao24Przelew (Bank Pekao), Pay with PeoPay (Bank Pekao), PayWay Toyota Bank (Toyota Bank), Pay with BOŚ (Bank Ochrony Środowiska), Płacę z Alior Bank (Alior Bank), T-Mobile Usługi Bankowe (Alior Bank), Millennium - Internet Payments (Bank Millennium), Płać z ING(ING Bank Śląski), Credit Agricole Bank Polska S.A., Przelew24 Santander Bank, BNP Paribas S.A., Bank Pocztowy, Volkswagen Bank, Nest Bank, Idea Bank, VeloBank, Blik (Polski Standard Płatności sp. z o.o),
8.2. In order to verify the transfer as quickly as possible, the following must be stated in the title of the transfer: number of the Order or Products and the Client's Tax ID number/name and surname.
8.3. If the data referred to above are not provided in the title, the KMB shall endeavor to ascertain the Client's data, in particular contact the Client. If it is not possible to establish the order number for a given transfer, the KMB shall return the amount paid to the bank account from which the transfer was sent, and the order shall be cancelled.
8.4. The KMB shall have the right to refuse to accept an Order, limit the method of payment or demand prepayment in the event that the Order raises reasonable doubts as to the accuracy and reliability of the data provided or the method of payment.
8.5. Settlement of electronic payment and payment card transactions is carried out according to the Client's choice through the service: Przelewy24 .
8.6. The current payment methods are set out on the Shop website at under Delivery and Payment.
8.7. The Client may make payment card or electronic payments to the KMB in a simplified form, i.e. without the need to enter all payment card details each time, without the need to log in to electronic banking each time or to enter additional authentication data. The payment token is generated on the basis of the payment card details provided by the Client within the PayU service, the Client's consent expressed in electronic banking or on a mobile device.
8.8. If payment by bank transfer or credit card is selected, the Client is obliged to pay for the products and the cost of delivery within 7 days from the date of acceptance of the Order by the KMB.
8.9. The date of payment shall be the date on which the KMB's or the KMB's Supplier's bank account is credited.
8.10. The shipping cost is added to the Order, depending on the weight of the Products and the choice of delivery method. This cost is indicated each time the Order is placed.
8.11. If the full Price is not paid on time, the KMB may cancel the Client's Order, of which the Client will be informed. If the Client has paid part of the price, the KMB shall refund the entire amount paid.
9. Complaints
9.1. All complaints concerning the purchased Products should be submitted by e-mail to: info@e-kmb.com . The person making the complaint will be informed of the manner in which the complaint will be resolved by e-mail. The complaint notification should be detailed.
9.2. The Client shall examine the accepted Products for defects and compliance with the Order within 2 days of receipt of delivery, and hidden defects within 14 days of discovery.
9.3. Before submitting a Complaint, the Client shall verify that the cause of the Complaint is not due to an act or omission for which the Client is responsible.
9.4. The basis and scope of the KMB's liability towards the Client if the Products have a physical or legal defect (warranty) are defined by the generally applicable provisions of law, in particular the Civil Code, subject to the following reservations.
9.5. The Client who exercises his/her rights under the warranty shall be obliged to deliver the defective Products to the address: ul. Przemysłowa 35b, 84-200 Wejherowo, Poland . The cost of delivering the Products shall be borne by the Client.
9.6. Delivery of defective Products may only take place after receipt of the KMB's prior documented consent to return the Products.
9.7. The Client has the right to report defects no later than three months from the date of fulfilment of the order (warranty period) and the KMB is obliged, at his/her choice, to repair or replace the defective Products at his/her own expense within three months If the repair or replacement delivery fails, the Buyer is entitled, at his/her choice, to request a reduction in the purchase price or to withdraw from the agreement. Deviations from quality, form, colour, weight or equipment which are customary in the industry or which are minor or technically unavoidable shall not be regarded as defects and cannot be claimed. This also applies to delivery in accordance with samples and specimens.
9.8. If the complaint is not accepted, the Products will be sent back to the Client at the Client's expense.
9.9. The KMB's liability under a Sales Agreement is limited to the amount of the Price actually paid under the agreement in question.
9.10. The KMB is not liable for indirect damage or lost profits of the client.
9.11. The Client has no right of withdrawal.
10. Electronic services
10.1. The KMB provides the following services electronically via the website:
a. browsing the website,
b. maintenance of the contact form and Newsletter,
c. maintaining a Client Account.
10.2. The aforementioned electronic services are free of charge.
10.3. The Newsletter may be used by any Client who enters the e-mail address using the Registration Form.
10.4. The newsletter consists of the KMB sending, to an e-mail address, news about the KMB's Products.
10.5. The Client may unsubscribe from the Newsletter at any time by unsubscribing via the link provided in each email sent as part of the Newsletter service or by deactivating the relevant field in the Client Account.
11. Protection of Personal Data
11.1. The KMB guarantees the confidentiality of any personal data provided to him.
11.2. Detailed rules for the KMB's processing of personal data are set out in the Privacy Policy.
12. Copyright and related rights
12.1. Content created and contained on the Shop's website, including the logo, name and graphic design of the Shop, photographs, texts and advertising slogans, is legally protected by the Act of 4 February 1994 on copyright and related rights (Journal of Laws 1994, No. 24, item 83, as amended) and is the sole property of the KMB or another authorized entity. It is forbidden to copy, reproduce or distribute in any way the contents of the Shop's website without the KMB's or other authorized entity's consent. Use or secondary use of such content is prohibited without the consent of the KMB or respective owner.
12.2. The trademarks, company names and pictures in the Shop are the exclusive property of the respective owners and have been used for information purposes only with the consent of the owners.
13. Exclusion of liability of the KMB
13.1. The KMB's website may contain hyperlinks to other websites. The KMB shall not be held liable for the content of such websites and their non-compliance with the applicable law.
13.2. Use of the service and downloading of files is at the Client's risk.
13.3. The KMB is not responsible for:
a. Clients provide false or incomplete information when registering for an account or placing an Order,
b. Clients' failure to comply with the Terms and Conditions.
14. Final provisions
14.1. The KMB reserves the right to amend the Terms and Conditions, which shall enter into force as of the date of their publication on the Shop's website. Agreements concluded before the amendments to the Terms and Conditions shall be governed by the version of the Terms and Conditions valid as at the date of placing an Order by the Client. In the case of continuous agreements concluded on the basis of the Terms and Conditions, the amended Terms and Conditions are binding upon the Client, provided that the Client has been correctly notified of the amendments and has not terminated the agreement within 14 working days from the date of notification.
14.2. Assignment of rights under the sales agreement may only take place with the prior consent of the KMB.
15. The law applicable to sales agreements between the Client and the KMB under the terms of these Terms and Conditions is Polish law.
16. Any disputes related to the performance of sales agreements or compliance with the provisions of the Terms and Conditions shall be settled by the court having territorial jurisdiction over each of the KMB's registered offices.
17. Terms and Conditions are available in Polish and English. In the event of any discrepancy between the language versions, the Polish version shall prevail.
18. The Terms and Conditions are effective from the date they are published on the Shop's website.